Bennett v. Glaspell
North Dakota Supreme Court
Appeal from District Court, Foster county; Burke, J. Action by W. L. Bennett against S. L. Glaspell. Judgment for plaintiff. Defendant appeals. An agent to purchase cannot buy from himself, and an agent to sell cannot be himself the purchaser without his employer’s consent.
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Appeal from District Court, Foster county; Burke, J. Action by W. L. Bennett against S. L. Glaspell. Judgment for plaintiff. Defendant appeals. An agent to purchase cannot buy from himself, and an agent to sell cannot be himself the purchaser without his employer’s consent. Clendenning v. Hawk, 10 N. D. 90, 86 N. W. 114; Anderson v. First National Bank, 5 N. D. 80, 64 N. W. 114; Dutten v. Willner, 52 N. Y„ 312; Webb et al. v. Marks, 51 Pac. 518. The rule is not relaxed when the authority to sell is for a fixed price. Ruckman v. Bergholz, 37 N. J. Law, 437; Colbert et al. v. Shepherd, 16 S. E.…
1Opinion of the CourtYoung, J.
This action was commenced on March 6, 1905, to compel the specific performance of the defendant’s written contract wherein he agreed to sell and convey to the plaintiff 640 acres of land situated in Foster county. The purchase price, $8,764, was to be paid on what is commonly termed the “crop payment plan.” The entire sum was to be paid not later than November 1, 1908, and the plaintiff had the privilege of paying all or any part of the consideration at any time previous to that date. Deferred payments bore interest at 7 per cent per annum, and the interest was due and payable on November 1st…
2Cases cited3 opinions
- Anderson v. First Nat. BankNorth Dakota Supreme Court · 1895
- Cughan v. LarsonNorth Dakota Supreme Court · 1904
- Clendenning v. HawkNorth Dakota Supreme Court · 1901
3Cited by5 opinions
- Sexton v. SutherlandNorth Dakota Supreme Court · 1917
- Brach v. MoenCourt of Appeals for the Eighth Circuit · 1925
- Rosenwater v. SellesethNorth Dakota Supreme Court · 1916
- Brown v. WilsonSupreme Court of Oklahoma · 1916
- Golden Valley Land & Cattle Co. v. JohnstoneNorth Dakota Supreme Court · 1913